The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) protect employees suffering from certain qualified physical and mental disabilities. FEHA in general is more broadly written than ADA and therefore offers more protection to employees who have been a victim of disability discrimination in the workplace.
In California, an employer cannot discriminate on the basis of an employee’s physical or mental disability or their medical or genetic condition. To be considered a qualified individual with a disability under the law, the employee must be able to perform the essential functions of their job.
In California, qualified disabled employees have the right to be provided reasonable accommodations by their employer. It is important to note the employer does not have to offer such accommodation if such accommodation would create an undue hardship to the employer’s operations (i.e. it would be significantly difficult or expensive).
To be provided reasonable accommodations, the employee must submit a request for the accommodation to his/her employer.
Make sure you have told your employer of your disability and any misconduct by others based on your disability. It is important your employer knows of your disability as it will put them on notice of such disability. Such evidence is important for disability discrimination cases.
To help prove your case, it is important you document the conduct (i.e offensive emails, memos, text messages, etc) and that you follow the reporting system within your company to report the illegal conduct. Of course there will be times when this is not possible, but remember the more evidence you have, the more it will help your case!
3055 WILSHIRE BLVD.
SUITE 1120 LOS ANGELES, CA 90010
Employment attorney in Los Angeles, California
3055 Wilshire Blvd #1120,
Los Angeles, CA 90010, USA
Call: +1 213-382-2222